April 2020 Revisions to our Customer Terms of Service, DPA and AUP

mgeraghty
HubSpot Employee

Terms of Service Updates

 

HubSpot recently updated the March 3, 2020 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed.  Archived versions of the TOS are available here for your reference.

 

Structurally, we’ve made some big big changes to the TOS in this update. Over the years, as we added new Hubs, new features and opened International offices, our TOS has gotten pretty long. Now that we’ve added a brand new Hub to our Platform, the CMS Hub, we decided to take this opportunity to shuffle some of terms around to improve your experience as you navigate the terms that apply to your subscription.

 

With that in mind, we’ve revamped the documents that form part of your Agreement with us. Together, these constitute our ‘Customer Terms of Service’ and govern your relationship with us.

 

  • Master Terms: These contain the core legal and commercial terms that apply to your subscription. Most of these terms were in our original TOS page. Others were moved here from our original ‘Product Disclosures’ page. You’ll notice this page is shorter than our original TOS page. That’s because we also moved some terms to their new home on the Product Specific Terms and Jurisdiction Specific Terms pages. Finally, you’ll find 2 new Appendices on this page. One includes the 'Additional Coverage Terms' and the other, the 'U.S. Government Customer Additional Terms', both of which we added as separate pages back in January 2020. Since these will now form part of the Master Terms, we’re retiring those separate pages as part of this update.
  • Product Specific Terms: These include any additional terms that apply to your use of each of our product offerings, our consulting and other services and third party services. There are no new concepts in these Terms. Instead, they were pulled from our original TOS page and our Product Disclosures page. But since we launched our latest Hub (CMS Hub) today, we’ve included reference to that product. As you’ll see, we’ve broken down the terms by product/service so we hope this will make it easier to review which terms apply to which Hub or service.
  • Jurisdiction Specific Terms: Depending on your location, some of these jurisdiction specific terms will apply to you. They’ll also explain which HubSpot entity you’re contracting with and which laws will apply to your contract with us. These terms used to live on our original TOS page (Section E). 
  • Data Processing Agreement: This explains how we process your data and includes the EU Standard Contractual Clauses. We have moved some terms regarding Customer Data to the DPA and we’ve moved our list of Sub-Processors (which used to be located on a separate page) into a new Annex 4 to the DPA.
  • Acceptable Use Policy: This is the definitive rulebook setting out what you can and can’t do while using our products and services. We made a few minor changes to this document. You’ll find details of this below.
  • Product Privacy Policy: This policy covers how we handle yours and your customers’ data when using our subscription service. We’ve made no new substantive changes here but we did move a couple of clauses from our original TOS page to the Product Privacy Policy, for example, the clauses relating to the retention/deletion of your data.

Along with reorganising the terms as detailed above, you’ll notice that we’ve simplified how we number the clauses in our new Master Terms. We no longer break down the agreement into different sections (formerly A to E) and instead, the terms are numbered 1 to 11 which we hope will improve your experience in navigating and reviewing our terms. 

 

Finally, we’ve added a new Withholding Tax clause to permit Customers to deduct applicable Withholding Tax from the Subscription Fee, subject to certain conditions. You'll find this clause at section 3.7 in the Master Terms.

 

Data Processing Agreement Updates

 

As mentioned above, we’ve moved our list of Sub-Processors into a new Annex 4 to the DPA (you might recall the list used to live on a separate page). We’ve also moved some terms  regarding the deletion and retention of Customer Data from our TOS to the ‘HubSpot Obligations’ provision of the DPA. These terms apply to Customer Data, including Personal Data. We have also clarified how you may request deletion of your HubSpot account on termination or expiry. 

 

Acceptable Use Policy Updates

 

We’ve further restricted use of our services such that you can no longer use them in a manner that promotes, encourages or facilitates discrimination based on the following additional grounds: sexual orientation, marital status, gender or identity expression, parental status and/or any other characteristic protected by law.

 

We’ve added a new ‘Developer Tools’ clause which states that if you use any of our developer tools including Application Programming Interfaces (APIs), developer tools, or associated software, you will comply with our Developer Terms at https://legal.hubspot.com/hubspot-developer-terms.

 

Product Disclosures Updates

 

As mentioned above, we’re retiring this page and moving it’s provisions to the Master Terms and the new Product Specific Terms.

 

And that’s that!  Please remember that this is just an informal, high-level summary of the most recent changes to these documents, and that you should always make sure you’ve read and understood the complete TOS, including the new Master Terms, Product Specific Terms, Jurisdiction Specific Terms, DPA and AUP before you use our software or services.

 

Questions? Let us know!

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